Terms of Use

The website located at www.bluwave.net (the "Site") is owned and operated by BluWave, LP ("Company," "us," "our," and "we"). These Terms of Use ("Terms") govern your access to and use of the Site.

By accessing or using the Site, you accept these Terms on behalf of yourself or the entity you represent, and you represent that you have the right and authority to do so. If you do not agree to these Terms, do not use the Site. You must be at least 18 years old to use the Site.

Important: These Terms apply only to this website (www.bluwave.net). The BluWave client portal (client.bluwave.net) and service provider portal (provider.bluwave.net) are separate platforms and are not governed by these Terms.

1. USE OF THE SITE

1.1 License

Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own informational and business purposes.

1.2 Eligibility

The Site is intended for use by individuals who: (a) are at least 18 years of age; (b) are legal residents of the United States or Canada; and (c) have full power and authority to enter into these Terms. By using the Site, you represent and warrant that you meet all of these requirements.

1.3 Restrictions

The rights granted to you under these Terms are subject to the following restrictions. You shall not:

(a) license, sell, rent, lease, transfer, assign, or otherwise commercially exploit any portion of the Site or its content;

(b) modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;

(c) access the Site to build a similar or competitive website, product, or service;

(d) use automated scripts, bots, scrapers, spiders, or similar tools to extract data from the Site, except as expressly permitted by our robots.txt file; or

(e) copy, reproduce, distribute, republish, download, display, post, or transmit any content on the Site in any form or by any means without our prior written consent.

1.4 Modification

Company reserves the right to modify, suspend, or discontinue the Site, in whole or in part, at any time without notice. Company will not be liable to you or any third party for any such modification, suspension, or discontinuation.

2. FORM SUBMISSIONS AND COMMUNICATIONS

2.1 Form Submissions

The Site provides forms through which you may submit information to Company, including to inquire about BluWave’s services, apply to join the BluWave service provider network, download content, or subscribe to Company communications. These forms are processed by third-party platforms, which may include HubSpot and Typeform. Submission of a form constitutes your agreement to the applicable terms and privacy policies of those platforms.

2.2 Consent to Use of Submitted Information

By submitting a form on the Site, you:

(a) represent that the information you provide is accurate and complete;

(b) consent to Company using your submitted information to respond to your request and, where applicable, to send you relevant business communications; and

(c) acknowledge that your information may be shared with third-party service providers solely to the extent necessary to fulfill your request or operate Company’s business systems (for example, CRM or scheduling platforms).

Company handles submitted information in accordance with its Privacy Policy.

2.3 Electronic Communications

By submitting a form on the Site, you consent to receiving electronic communications from Company related to your submission. You may opt out of marketing communications at any time by following the unsubscribe instructions in any such communication. Transactional communications related to your request may not be subject to opt-out.

3. INTELLECTUAL PROPERTY

3.1 Ownership

The Site and all of its content, features, and functionality, including but not limited to text, graphics, logos, images, data compilations, and software, are owned by Company or its licensors and are protected by U.S. copyright, trademark, and other applicable intellectual property laws. These Terms do not transfer any intellectual property rights to you. Company and its licensors reserve all rights not expressly granted herein.

3.2 Trademarks

All trademarks, logos, and service marks ("Marks") displayed on the Site are the property of Company or their respective third-party owners. You may not use any such Marks without the prior written consent of Company or the applicable third-party owner.

3.3 Feedback

If you provide Company with feedback or suggestions regarding the Site ("Feedback"), you hereby assign to Company all rights in such Feedback. Company may use Feedback in any manner it deems appropriate without obligation to you. Do not submit information to Company that you consider confidential or proprietary.

4. ACCEPTABLE USE

You agree not to use the Site to:

(a) violate any applicable federal, state, or local law or regulation;

(b) transmit any material that is unlawful, harassing, defamatory, fraudulent, tortious, obscene, or otherwise objectionable;

(c) upload or transmit computer viruses, malware, or other harmful or disruptive code;

(d) interfere with or disrupt the Site or the servers, networks, or systems connected to it;

(e) attempt to gain unauthorized access to any portion of the Site or any connected systems or networks;

(f) harvest, collect, or assemble information about visitors to the Site without their consent; or

(g) use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site.

Company reserves the right to investigate violations of this Section and to take appropriate action, including suspending or terminating access to the Site and reporting conduct to law enforcement authorities where warranted.

5. THIRD-PARTY LINKS

The Site may contain links to third-party websites and services not owned or controlled by Company. Company is not responsible for the content, availability, privacy practices, or terms of any third-party sites. The inclusion of any link does not imply endorsement or affiliation. You access third-party sites at your own risk and subject to their applicable terms and policies.

6. DISCLAIMERS

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SITE.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of any third party.

Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Company’s defense of that matter. You agree not to settle any such matter without Company’s prior written consent.

9. TERM AND TERMINATION

These Terms remain in full force and effect while you access or use the Site. Company may restrict, suspend, or terminate your access to the Site at any time and for any reason, at its sole discretion and without notice or liability. Sections 3, 6, 7, 8, 10, and 11 survive any termination or expiration of these Terms.

10. COPYRIGHT POLICY

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. §512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Name of designated Copyright Agent: Sean Mooney
Address: BluWave, LP, 5005 Maryland Way #175, Brentwood, TN 37027
Phone: (615) 588-4010
Email: copyright@bluwave.net

11. GENERAL

11.1 Governing Law

These Terms and all related disputes, whether contractual or non-contractual, are governed by the internal laws of the State of Tennessee without regard to any choice or conflict of law provisions.

11.2 Exclusive Jurisdiction and Venue

Company and you irrevocably agree to submit to the exclusive jurisdiction and venue of the state and federal courts sitting in Davidson County, Tennessee for any dispute arising out of or related to these Terms or your use of the Site.

11.3 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND YOU EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE.

11.4 Changes to These Terms

Company may update these Terms at any time by posting the revised Terms on this page with an updated "Last Updated" date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.

11.5 Electronic Communications

By using the Site and submitting forms, you consent to receiving communications from Company in electronic form. You agree that all terms, conditions, agreements, notices, disclosures, and other communications Company provides to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

11.6 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.

11.7 No Waiver

Company’s failure to enforce any right or provision of these Terms at any time will not constitute a waiver of that right or provision.

11.8 Entire Agreement

These Terms constitute the entire agreement between you and Company with respect to your use of the Site and supersede all prior and contemporaneous understandings and agreements. Section headings are for convenience only and have no legal or contractual effect.

11.9 Assignment

You may not assign or transfer your rights or obligations under these Terms without Company’s prior written consent. Any attempted assignment in violation of this restriction is null and void. Company may freely assign these Terms.

11.10 California Residents

If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by writing to 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.

CONTACT INFORMATION

BluWave, LP
5005 Maryland Way #175
Brentwood, TN 37027
Attn: Jeff Berry, CFO

Email: info@bluwave.net